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It's Britain, so it would be manslaughter. Murder has to have proved intent to kill, whereas a spur-of-the-moment thing like this is usually charged as manslaughter.
My rationale is parly based on a case in which two robbers botched a gas station robbery in which the clerk shot back. One guy died. His accomplice was charged with murder. The argument was that, although he didn't pull the trigger causing his death, he contributed to setting up the situation in which the clerk being robbed was provoked into shooting him in response.
I don't think the kid should be charged with accessory, thats seriously stretching. He's a little ass monkey yes, but thats about it.
As for the guy, regardless of how horrible the whole story sounds, there was no intent to actually kill. He likely didn't even deliver a killing blow persay, the impact of the guy's head on the floor did.
The argument was that, although he didn't pull the trigger causing his death, he contributed to setting up the situation in which the clerk being robbed was provoked into shooting him in response.
Yes, but no guns are involved in this particular case. There was no situation where someone would be reasonably thinking "I may die here, I have to defend myself". I can see how that might work in the context of that case but I don't think you can draw any parallel honestly.
I don't think the kid should be charged with accessory, thats seriously stretching. He's a little ass monkey yes, but thats about it.
Accessory? No. But something should be brought up for this kid. His actions, however inadvertent, precipitated the conflict behind him, and resulted in the death of a man who did nothing wrong.
At a minimum, there should be some sort of public nuisance charge that can be filed against him.
As for the guy, regardless of how horrible the whole story sounds, there was no intent to actually kill. He likely didn't even deliver a killing blow persay, the impact of the guy's head on the floor did.
And the people who die of gunshot wounds weren't actually killed by the person who fired the gun. The killing blow was delivered by the bullet. And the people who die of stab wounds had their fatal wound delivered by the knife. And the people who die in vehicular accidents were killed by inertia, not by reckless driving.
Saying that this man didn't deliver a killing blow is rather disingenuous, don't you think? One man is dead directly due to the actions of another.
It's Britain, so it would be manslaughter. Murder has to have proved intent to kill, whereas a spur-of-the-moment thing like this is usually charged as manslaughter.
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